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The Paradox of The Three Wise Monkeys: Discovery And Disclosure Of Information Regarding Dangerous Health Care Providers

By John Zen Jackson & GRSD Healthcare Team on July 17, 2024
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An article co-authored by Greenbaum attorneys John Zen Jackson and Madeline B. Gayle, recently published in the Widener Law Review, reviews the tragic circumstances surrounding Charles Cullen, the killer nurse who became known as the “Angel of Death” following the discovery of his role in the deaths of between 40 and 400 patients in New Jersey and Pennsylvania.  Limited pre-employment vetting and background checks combined with the lack of thorough investigations of suspicious circumstances allowed Cullen to change employment at several healthcare institutions without detection for approximately 15 years until his arrest in 2003. The article examines the ensuing litigation, as well as New Jersey’s legislative response which included the enactment of laws imposing a duty to disclose medical errors and report misconduct as well as an obligation on the part of healthcare entities to provide and obtain meaningful background and performance information concerning prospective employees. Mr. Jackson and Ms. Gayle also evaluate the limitations and unintended consequences of the Health Care Professional Responsibility and Reporting Enhancement Act (HCPRREA), also known as the Cullen Law.

Photo of John Zen Jackson John Zen Jackson

Of Counsel, Healthcare and Litigation

John’s healthcare practice emphasizes litigated matters in judicial and administrative forums, including professional liability claims, licensure and credentialing issues with administrative agencies and health care entities, reimbursement and insurance fraud disputes. He is Certified by the Supreme Court…

Of Counsel, Healthcare and Litigation

John’s healthcare practice emphasizes litigated matters in judicial and administrative forums, including professional liability claims, licensure and credentialing issues with administrative agencies and health care entities, reimbursement and insurance fraud disputes. He is Certified by the Supreme Court of New Jersey as a Civil Trial Attorney and has extensive experience in trying jury cases to a verdict.

In addition to trying numerous individual medical liability cases for a variety of healthcare providers, John was lead defense counsel for a group of New Jersey plastic surgeons sued in connection with the silicone gel breast implant litigation, and has been involved in a number of high-profile mass tort litigation programs for medical devices or healthcare products, including pedicle screws, diet drugs, and Rezulin.

Beyond trial advocacy, Mr. Jackson is an experienced appellate litigator. He served as defense counsel in the New Jersey Supreme Court cases limiting the liability of physicians for suspected exposure to the HIV-virus, and for alleged lack of informed consent regarding abortion procedures. John has served as amicus counsel for the Medical Society of New Jersey, the American Medical Association, and the New Jersey Hospital Association in appellate matters before the New Jersey Supreme Court and Appellate Division. He has been involved in numerous reported opinions.

John has handled a variety of commercial litigation issues as well as the defense of qui tam actions under the Federal False Claims Act and insurance coverage and insurance fraud cases. He has represented clients in professional licensure and hospital privilege disputes before state administrative bodies and hospital credentialing committees as well as judicial review through the New Jersey Supreme Court. He has additional experience as a hearing officer for hospital privilege disputes.

John is the author of over 80 published articles in medical and legal publications on a broad range of healthcare, tort liability and trial technique topics. He has been a member of the Editorial Board of MDAdvisor, a peer-reviewed journal for the New Jersey medical community, since its inception in 2007.

Contact information:

jjackson@greenbaumlaw.com | 732.476.3336 | vCard

For more information visit the Greenbaum, Rowe, Smith & Davis LLP website.

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GRSD Healthcare Team

Healthcare Practice

From regulatory issues to complex transactional and litigation matters to day-to-day business counseling, today’s healthcare industry faces a myriad of legal challenges that require the depth and breadth of a well-rounded and experienced team of professionals. The attorneys in the Healthcare…

Healthcare Practice

From regulatory issues to complex transactional and litigation matters to day-to-day business counseling, today’s healthcare industry faces a myriad of legal challenges that require the depth and breadth of a well-rounded and experienced team of professionals. The attorneys in the Healthcare practice at Greenbaum, Rowe, Smith & Davis possess a sophisticated understanding of the unique healthcare business environment, both here in New Jersey and beyond.

The members of the firm’s healthcare team counsel a roster of clients that includes many of New Jersey’s foremost healthcare systems, hospitals and medical facilities, medical staffs, organized delivery systems (ODSs), clinically integrated networks (CINs), independent practice associations (IPAs), physicians and physician group practices, dentists and dental practices, physician and hospital-physician joint ventures, pharmaceutical companies, managed care organizations, home health agencies, nursing homes, behavioral health organizations, healthcare industry vendors, medical device manufacturers, management service organizations (MSOs), private equity firms, and industry-associated financial and corporate entities. This inclusive representation has propelled the team to statewide and national prominence within the healthcare field.

Our comprehensive healthcare practice encompasses numerous areas of focus. The attorneys in this practice area possess the requisite targeted expertise and hands-on experience to effectively represent a broad range of healthcare industry clients across a spectrum of legal concerns

Visit our website to contact the Healthcare Practice.

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  • Posted in:
    Health Care and Life Sciences
  • Blog:
    Healthcare Perspectives
  • Organization:
    Greenbaum, Rowe, Smith & Davis LLP
  • Article: View Original Source

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